Tactical considerations when conducting voir dire

I.

INTRODUCTION

Jury selection is the greatest in quantity important phase of the trial. It is the first opportunity the attorney has to perform and to near his/her side of the case. It is the single opportunity for the attorney to talk with the jurors upon a one-to-one basis. The attorney must, therefore, make a sinewy but favorable impression on as many of the panel members as possible. At the same time, the attorney must be sensitive to the personalities, beliefs, characteristics, biases, prejudices and dynamics of the potential jurors. An attorney who is not sensitive to each panel member (or at least to the first twenty-four members), and who is solitary interested in creating a favorable overall impression, is not serving his/her client's interests. Why? Because the attorney may extreme point up with a biased juror or single who has prejudices against his/her client, the nature of the case, or litigation in general. This paper locates forth some practical and legal tips for making the voir dire proces work to the attorney's (and his/her client's) advantage.

II.

TACTICAL CONSIDERATIONS

A. Prepare Voir Dire Before The Trial Day

Although voir dire is single of the most important stages of a trial, greatest in quantity attorneys do not take the time to prepare their voir dire examination. Careful attention should be given to the preparation of voir dire thus you do not end up with a jury of twelve (or six) tribe of whom you know little or nothing.

1 Outline the Issues and Topics You Will Address.

The preparation of voir dire starts through focusing on the issues, the pair factual and legal, that are relevant in your case, and upon your defensive theme. Hopefully, by dint of the time your client decides to take the case to trial, you have already abundantly analyzed and sized up these issues. If not, then you have no business trying the case at this time.

The first pace is to determine which issues should be at handed to the panel during voir dire. Always include the weaknesses in your case when preparing your list. by means of addressing your weaknesses and asking the panelists in what manner they feel about them, the jury will not solitary perceive you as honest and candid on the other hand if you ask good questions, you will find on the outside what the panelists think about your weaknesses. In many cases, knowing in what manner the panelists perceive your weakness(es) may help you restructure your strategy during the presentation of the quiescence of your case.

2 Order Your Issues and/or Topics.1

The order of the voir dire issues and/or topics is important--begin sinewy and end strong. In trial advocacy classes, we were taught to artificial position questions on favorable testimony at the beginning and at the extremity of, for example, a direct examination of our client. In voir dire, it is specially important to diffuse adverse issues and belong tos by placing them in the middle2 Why? tribe tend to remember only what they hear at the beginning and at the extremity The defense attorney who must disclose a weakness in his/her case (which is usually the case) can use the same approach during voir dire.

When preparing your voir dire, "[c]arefully consider the order in which topics during voir dire are to be presented"3 Robert B Hirschhorn and Stacey

M Schreiber praise an order as follows:

3 Organize Your Notes and Prepare Questions

The voir dire proces requires a high horizontal of concentration and organization. The panelists' organ of visions are upon you at each step of the voir dire proces Whether you are aware of it or not, the jury is looking at you, sizing you up and forming opinions about you based on how you conduct yourself. If you are unprepared, the jury may dismiss your client's claims as being les worthy than those of your well-organized, well-prepared adverse party

Prepare your questions before trial (but not the night before the trial). Write without your general questions and possible follow-up questions. Phrase your questions carefully, and make them short, simple and open-end Then, order your questions in the same way you want to address your topics.' After you perceive comfortable with your questions and their order, practice reading them without loud several times.

A useful idea is to ask someone who is not familiar with the case to answer your questions. Then, ask that one how he/she felt when answering your question. Did he/she have feeling constrained? Did he/she feel comfortable? Did he/ she understand the question? Did he/she understand the nature of the case end your line of questioning? Did he/she have feeling intimidated? Was he/she able to expres him/herself? Did he/she like your demeanor when answering your questions?

When you are satisfied with your questions and their order, prepare an outline. During your voir dire you should rely upon your outline rather than upon the written questions - it will make your voir dire pour more naturally, and you will not have feeling constrained if the jury's temperament is different than what you anticipated.

4 Determine What dominions and Policies Are Followed by means of the Trial Judge As a trial attorney, familiarize yourself with the basic manner of proceedings followed in the courtroom regarding all aspects of the jury selection proces In particular, make a point to know before the trial date: